New York Medical Malpractice Lawyers: What are the Damages of Medical Negligence?

When it comes to healthcare in New York, the patient's well-being should be a priority over all other considerations. If the negligence of a medical professional or hospital results in a patient's injuries or complications, a New York City medical practice attorney can hold them liable for the largest possible damages on behalf of the injured victim.

The damages recovered in a medical malpractice case can help compensate victims for their physical and emotional suffering, as well as cover the financial burdens incurred due to the negligence of medical professionals or institutions. This financial recovery can alleviate the costs of medical treatment, rehabilitation, and ongoing care, compensate for lost wages and pain and suffering, and provide much-needed support for the victim and their family.

Damages You Can Recover for Medical Negligence in New York

In the context of medical malpractice laws in New York, "damages" refer to the financial compensation awarded to a plaintiff who has suffered harm or losses as a result of medical negligence. These damages aim to provide restitution for various types of losses incurred by the plaintiff due to the malpractice of healthcare providers or facilities. With a profound and reliable New York City medical negligence lawyer on your side, you can seek the highest possible damages for your injuries and losses.

Compensatory Damages in Medical Negligence Cases in New York

Compensatory damages, also known as actual or economic damages, are financial awards intended to compensate plaintiffs for the tangible losses or expenses incurred as a result of medical negligence. These damages aim to restore the plaintiff to the position they were in before the injury occurred, both financially and otherwise.

Components of compensatory damages include:

Medical Expenses

Medical expenses in the context of medical negligence cases encompass all costs directly related to the diagnosis, treatment, and rehabilitation of the plaintiff's injuries. This includes expenses incurred for medical consultations, diagnostic tests, surgeries, hospital stays, prescription medications, medical devices or equipment, physical therapy sessions, and any other healthcare services necessitated by the injury caused by medical malpractice.

Plaintiffs are entitled to compensation for both past medical expenses already incurred and reasonable future medical expenses directly attributable to the injury. Make sure you have a skilled NYC medical malpractice lawyer on your side to pursue maximum damages.

Lost Wages

Victims of medical negligence may suffer from temporary or permanent disability that prevents them from working and earning income. Lost wages refer to the compensation for the income that the plaintiff would have earned had they not been injured.

This includes wages, salary, bonuses, commissions, and any other forms of employment-related income that the plaintiff has lost due to the injury. Lost wages may also encompass benefits such as health insurance, retirement contributions, and other employment perks that the plaintiff would have received during the period of disability.

Future Medical Costs

In cases where the injuries caused by medical negligence result in permanent impairment or necessitate ongoing medical treatment, plaintiffs may be entitled to compensation for anticipated future medical expenses. Future medical costs encompass all reasonable and necessary healthcare expenses that the plaintiff is likely to incur in the future as a result of the injury.

This may include costs for long-term care, additional surgeries or medical procedures, medications, therapy, assistive devices, modifications to living accommodations, and other healthcare services aimed at managing or mitigating the effects of the injury.

Loss of Earning Capacity

Loss of earning capacity refers to the reduction in the plaintiff's ability to earn income or pursue gainful employment as a result of the injury caused by medical malpractice. This may occur due to physical disabilities, cognitive impairments, emotional distress, or other limitations resulting from the injury. Plaintiffs are entitled to compensation for the diminished earning potential they experience as a direct consequence of the injury.

This compensation aims to account for both the immediate impact on the plaintiff's ability to work and earn income, as well as the long-term repercussions on their career trajectory and earning capacity. Calculating loss of earning capacity may require the expertise of vocational specialists and economic experts to assess the extent of the impairment and its financial implications over the plaintiff's lifetime.

Calculation of Compensatory Damages

Calculating compensatory damages in medical negligence cases requires a careful assessment of the plaintiff's losses and expenses. Plaintiffs and their NYC med mal attorneys must gather comprehensive documentation of medical bills, invoices, receipts, employment records, and other relevant evidence to substantiate their claims. Economic experts and vocational specialists may also be consulted to assess the value of future medical costs and loss of earning capacity.

Non-Economic Damages in Medical Negligence Cases in New York

Non-economic damages, often referred to as general damages, are monetary awards intended to compensate plaintiffs for the intangible losses and suffering they have endured as a result of medical negligence. Unlike economic damages, which can be quantified in terms of financial losses or expenses, non-economic damages address the subjective pain, suffering, emotional distress, and diminished quality of life experienced by the plaintiff due to the injury caused by medical malpractice.

Non-economic damages in medical negligence cases may encompass a wide range of intangible losses and suffering, including:

Pain and Suffering

Pain and suffering refer to the physical and emotional distress experienced by the plaintiff as a direct consequence of the injury caused by medical malpractice. This component of non-economic damages encompasses not only the actual physical pain and discomfort endured by the plaintiff but also the emotional anguish, mental anguish, and diminished quality of life resulting from the injury.

Pain and suffering damages aim to provide compensation for the tangible and intangible effects of the injury on the plaintiff's well-being, recognizing the profound impact of medical negligence on their overall health and happiness. Get a proven and capable medical malpractice lawyer in New York City on your side to maximize your damages.

Emotional Distress

Emotional distress damages address the psychological trauma, anxiety, depression, and emotional suffering experienced by the plaintiff as a result of the injury and its aftermath. Medical malpractice can have devastating effects on a patient's mental health and emotional well-being, leading to feelings of fear, sadness, anger, and hopelessness.

Emotional distress damages seek to provide restitution for the psychological harm inflicted by medical negligence, acknowledging the long-lasting effects of the injury on the plaintiff's mental and emotional state.

Loss of Enjoyment of Life

Loss of enjoyment of life compensates the plaintiff for the deprivation of the ability to participate in and derive pleasure from activities and experiences that were previously enjoyed prior to the injury caused by medical malpractice.

This component of non-economic damages acknowledges the profound impact of the injury on the plaintiff's quality of life, including their ability to engage in hobbies, recreational activities, social interactions, and other aspects of daily living. Loss of enjoyment of life damages seek to restore a sense of fulfillment and happiness to the plaintiff's life, recognizing the loss of vitality and joy resulting from the injury.

Loss of Consortium

‘Loss of consortium’ damages are awarded to compensate spouses or family members of the injured plaintiff for the loss of companionship, support, and intimacy resulting from the injury caused by medical negligence. When a loved one is injured due to medical malpractice, their spouse or family members may also suffer significant losses, including the loss of emotional support, affection, and intimacy within the relationship.

Loss of consortium damages aim to recognize and address the profound impact of the injury on the familial relationships and dynamics of the plaintiff's loved ones, providing financial restitution for their emotional and relational losses.

Scarring and Disfigurement

Scarring and disfigurement damages provide compensation for any visible scars, disfigurement, or permanent physical deformities resulting from the injury caused by medical negligence. These damages recognize the aesthetic and psychological impact of visible physical injuries on the plaintiff's self-image, self-esteem, and overall well-being.

Scarring and disfigurement damages seek to address the physical and emotional distress associated with permanent changes to the plaintiff's appearance, restoring a sense of dignity and confidence to their lives.

Calculation of Non-Economic Damages

Calculating non-economic damages in medical negligence cases presents unique challenges, as these losses are subjective and inherently difficult to quantify in monetary terms. Unlike economic damages, which can be assessed based on tangible evidence such as medical bills or lost wages, non-economic damages rely heavily on the testimony of the plaintiff, expert witnesses, and other subjective factors.

Courts in New York may consider various factors, including the severity and permanence of the injury, the impact on the plaintiff's daily life and relationships, and the emotional toll of the injury, in determining the appropriate amount of non-economic damages to award.

Punitive Damages in Medical Negligence Cases in New York

Punitive damages, also known as exemplary or deterrent damages, differ from compensatory damages in that they are not intended to compensate the plaintiff for their losses or suffering. Instead, punitive damages serve as a form of punishment levied against the defendant for egregious misconduct or recklessness.

In medical negligence cases, punitive damages aim to deter future instances of similar misconduct and promote accountability within the healthcare system. You will need a top-rated NY medical negligence attorney on your side to make a strong case of punitive damages, if it is a possibility in your case.

Applicability of Punitive Damages in New York

New York law allows for the awarding of punitive damages in medical negligence cases under certain circumstances. To be eligible for punitive damages, the plaintiff must demonstrate by clear and convincing evidence that the defendant's conduct was not only negligent but also demonstrated a high degree of moral culpability, such as intentional wrongdoing, gross negligence, or willful misconduct.

Punitive damages are reserved for cases involving egregious misconduct that warrants additional punishment beyond compensatory damages. There is no cap on these damages in New York.

Calculation and Limitations of Punitive Damages

Unlike compensatory damages, which aim to compensate the plaintiff for their actual losses, punitive damages are not based on the plaintiff's damages but rather on the defendant's conduct and financial circumstances.

The amount of punitive damages awarded is left to the discretion of the jury, taking into account the nature and severity of the defendant's misconduct, the degree of harm inflicted on the plaintiff, and the defendant's ability to pay. However, New York law imposes certain limitations on punitive damages, including a cap on the amount that can be awarded based on the defendant's net worth.

Significance of Punitive Damages

Punitive damages serve several important functions within the context of medical negligence cases in New York. First and foremost, they aim to punish the defendant for their wrongful conduct and deter similar misconduct in the future, thereby promoting patient safety and accountability within the healthcare system. Moreover, punitive damages send a clear message that egregious acts of negligence or misconduct will not be tolerated, fostering trust and confidence in the integrity of the legal system.

Why Choose Our Medical Negligence Attorneys in New York to Represent You?

Legacy of Legal Excellence

Founded in 1922, Rosenberg, Minc, Falkoff & Wolff, LLP boasts a legacy spanning four generations of dedicated trial attorneys. With over $1 billion won for injured New Yorkers, our firm is recognized as a standard bearer of legal excellence and commitment to our clients' well-being.

Proven Success Rate

With a success rate exceeding 95% for injured clients, our winning team at Rosenberg, Minc, Falkoff & Wolff, LLP is steadfast in our dedication to securing the compensation you rightfully deserve. Whether your case involves medical negligence or another type of injury, our seasoned New York City med mal attorneys possess the expertise and tenacity to effectively advocate for your rights.

Compassionate Advocacy

At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand the challenges and hardships you may be facing in the aftermath of a serious injury or complication. From exorbitant medical bills to lost wages and pain and suffering, we are committed to helping you navigate these difficult times and obtain the financial relief you need to move forward with your life. Our attorneys are not only skilled trial lawyers but also compassionate advocates who prioritize your well-being above all else.

Transparent Communication and Support

We believe in open, transparent communication with our clients, ensuring that you are kept informed every step of the way. Our goal is to make the legal process as seamless and stress-free as possible for you, allowing you to focus on your recovery while we handle the complexities of your case. With our unwavering commitment to achieving justice and our formidable record of success, you can trust that your case is in capable hands.

Your Dedicated Allies for Justice

When you choose Rosenberg, Minc, Falkoff & Wolff, LLP to represent you, you are gaining dedicated allies who will relentlessly fight on your behalf until a settlement or verdict is reached. Reach out to our attorneys today and let us be your voice for justice and ensure that your rights are protected every step of the way. To schedule your free consultation, call us at 212-344-1000 or contact us online.